# paragraph (b) of proviso to sub-section (2) of Section 167 of Code of Criminal

- **Citation:** C.L. No. 97/VIIb-16
- **Court:** Allahabad High Court
- **Decided:** 1979-08-16
- **Case number:** C.L. No. 97/VIIb-16
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/paragraph-b-of-proviso-to-sub-section-2-of-section-167-of-code-of-criminal-163315
- **Pages:** 1

## Text

224

The Presiding Officers of the criminal courts should carefully examine and
scrutinize warrants and remand papers before putting their signatures on them, so that the
chances of bail applications being allowed solely on the ground of technical flaw, are
eliminated.
C.L. No. 97/VIIb-16 dated 16th August, 1979

The Court has noticed that the Magistrates have authorized detention of the
accused persons in jail custody without the accused being produced before them. Under
paragraph (b) of proviso to sub-section (2) of Section 167 of Code of Criminal
Procedure, 1973 no such detention order can be passed by a Magistrate unless the
accused is produced before him. All the Judicial Magistrates should act strictly in
accordance with the said provision of law.
C.L. No. 51/VIIb-47 dated 17th August, 1984

The court has noticed that when an accused is produced before the court for
remand, normally the police papers are not available with the court, either because they
are sent late or they are withheld by court-moharrir. In the absence of these papers the
bail application cannot be entertained. At times this delay in receipt of papers and
presence of accused brought for remand, results in non-consideration of application for
bail, and not unoften leads to confrontation between the lawyers and the officers.

Attention of all the Presiding Officers is invited towards the provisions of section
167 and 172 of the Code of Criminal Procedure, 1973, and they are directed to see that in
future no such violation of the law is permitted. The Presiding Officers should act in
accordance with the provisions contained in section 167 of the Code, while remanding
the accused in custody brought before them for remand.
C.L. No. 114/VIIb-47 Admn.(G) dated 7th October, 1978

The Court has noticed that very often warrants of intermediate custody and
release orders sent by the subordinate, courts do not contain all the necessary details.
They generally do not contain case number, name of Police Station, father's name, age
and residential address of the prisoner. They also do not contain description of offences,
crime number and section of Indian penal Code and other Acts and the date of conviction.

All the Presiding Officers are directed to clearly fill in all the aforesaid details in
the warrants of intermediate custody and release orders issued by them.
C.L. No. 54/VIIIa-63 dated 30th April, 1980

As soon as the charge-sheet is filed, the Presiding Officers of criminal courts
under your control should invariably draw a red line below the last remand entry in the
warrant of custody (Form No. 47, Part VIII, of Appendix ̳B' of the General Rules
(Criminal) 1957 and mention the date of submission of charge-sheet below the red line
on the left side.
C.L. No. 9/VIIb-16 dated 22nd February, 1989
The Court has noticed that warrants for intermediate custody on remand,
prescribed as Form No. 47 under Rule 157 of the General Rules (Criminal), 1957 for the
subordinate criminal courts, are not being used properly.